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Meet Pat Douglas

Business and Commercial Law Expert

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"I provide my clients with carefully considered, customized legal solutions designed to protect their interests, minimize risk, and enhance long-term success. Whether advising on estate planning, trusts, probate, real estate, corporate / business matters, or banking law, my focus is always on delivering clear, strategic guidance based upon over 25 years of legal experience. I work to build lasting relationships rooted in trust. Above all, I believe in treating every client with the respect, diligence, and fairness I would expect for myself—ensuring their goals remain at the center of every decision and every piece of advice I offer."
 
K. Patrick (“Pat”) Douglas is a shareholder of Douglas, Haun and Heidemann, P.C., concentrating his practice in the areas of estate planning, trusts, probate, real estate, corporate and business law, and banking. Pat has significant experience drafting trusts, wills, powers of attorney and other estate planning documents, as well as drafting, negotiating and reviewing agreements and leases.
 
Pat received both his Bachelor’s degree and his Juris Doctorate from the University of Missouri-Columbia. He received his undergraduate degree in Finance and Banking in 1996 and his law degree in 1999.
 
Pat was admitted to the Missouri Bar in 1999 and is also an Assistant City Attorney for Bolivar, Missouri. Pat holds an AV Preeminent rating by Martindale-Hubbell by their Peer Review Ratings™, which represents the highest level of professional excellence as ranked by other attorneys.
 
Pat serves on the Citizens Memorial Hospital board of directors where he currently serves as President and Chairman of the board, is a member of the Bolivar Rotary Club where he served as President of the club in 2015-2016, was a Springfield Business Journal 40-under-40 honoree in 2012, was named as an SBJ Trusted Advisor in 2020 and is a member of Calvary Missionary Baptist Church in Bolivar, Missouri. Pat was also inducted into the Bolivar High School Hall of Fame.
Pat is the son of Kerry D. Douglas, a semi-retired senior member of the firm, and is the first member of the fourth generation of Douglas’ to practice in Bolivar.


How often should businesses review their legal documents as they grow?

While it depends primarily on how much growth and how many changes the business is undergoing, businesses should typically review their documents annually. There are a number of “legal documents” involved in their business operations ranging from organizational documents, contracts with vendors, contracts with customers/clients, release forms, etc. There may be changes in their processes or regulatory/legal requirements that go unnoticed if these documents are not reviewed from time to time. Having legal counsel conduct the review rather than them can be less expensive than they realize and can lighten their load.


If I have a handshake deal with a longtime client or partner, is that actually enforceable?

It depends on the subject matter, but it's never advisable to rely on a handshake deal rather than a written agreement. In Missouri, some oral contracts can be legally enforceable — but proving what was actually agreed upon is another matter entirely. Without something in writing, you're relying on memory, witnesses, a pattern of conduct, etc., none of which hold up as well as a written agreement. Certain agreements — like those involving real estate or contracts lasting more than a year — must be in writing to be enforceable. A longtime relationship is best protected with a clear, written agreement.


At what point should a growing business bring in a lawyer, and what should they prioritize first?

Bring in a lawyer before you launch your business to start planning and to help with the following:
First, the top priority should be entity formation. An LLC or corporation puts a legal wall between you and the business, protecting your personal assets from day one. Other early priorities are:
 
  • Get worker classification right before you hire. Misclassifying employees as contractors is a common — and costly — mistake.
  • Develop a standard contract for customers and vendors for your protection and to avoid misunderstandings.
  • Consider whether you need trademark or tradename protection.

Getting early legal guidance is critical.


What are the top legal mistakes you see new business owners make in their first year?

The most common mistake I see is when new business owners fail to consult with an attorney about their standard contract and on how to best structure their contractual relationships. Similarly, a related mistake is failing to seek legal counsel prior to encountering problems. New business owners learn that attorneys are relatively inexpensive prior to a problem arising and very expensive once a problem arises. Being proactive can save new business owners many multiples of what they will lose (or spend in trying to recover) due to their failure to consult an attorney early on.


How can business owners protect personal assets while expanding their operations?

Creating a limited liability company is one of the most effective ways to protect personal assets in business. A separate legal entity helps ensure that a claim against the business does not reach the owner’s personal assets. This protection is especially important for businesses with even one employee, because under respondeat superior, an employer is liable for an employee’s actions. With an LLC, only the entity’s assets—not the owners’ personal assets—are exposed to a business judgment.

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